Thursday, August 2, 2018

Proposal for Cadre Restructuring

Posted by Secretary General on 8/02/2018 09:28:00 PM with No comments




ANNEXURE-A
The distribution of posts to CCAs is also a reason behind the disparity inside Central Excise Cadre:
The allocation made across the Central Excise Cadre Controlling zone have uneven distribution of Gazetted and Non-Gazetted posts which is also responsible intra cadre disparity which ultimately hits the career prospect of the officers. The situation can be seen from the table below:-
Sl. No.
Name of the CCA
Sanctioned Strength of Superintendent (CE)
Sanctioned Strength of Inspector (CE)
Superintendent to Inspector ratio
Last Batch of Inspector Promoted as Superintendent (as per joining year)
1
Lucknow
936
1286
0.73
2001
2
Ranchi
490
604
0.81
2002
3
Mumbai
2470
2901
0.85
2002
4
Bangluru
1118
1380
0.81
2007
5
Cochin
439
687
0.64
2002
6
Delhi
1815
2235
0.81
2006
7
Chandigarh
565
689
0.82
2007
8
Chennai
1474
2066
0.71
2005
9
Jaipur
417
552
0.76
2002
10
Bhopal
718
968
0.74
2002
11
Hyderabad
1023
1352
0.76
2002
12
Kolkata
1221
2124
0.57
2001
13
Shilong
372
658
0.57
1997
14
Bhubaneshwar
338
337
1.00
2008
15
Vadodara
1722
2160
0.80
2009
Total
15118
19999
0.76

It is evident from the above table that despite the nature of job (in terms of correlation of  Superintendent and Inspectors) being same across cadre controlling authorities the distribution of posts to CCAs were done in erratic manner.

Hence the foregoing points clearly show that the officer joining as Central Excise Inspector mostly retires with single promotion and in his service he has to report to the officers of same or subsequent batches who are from Customs side or from faster Central Excise CCAs.


In exercise of the powers conferred by the proviso to article 309 of the constitution and all other powers enabling him in this behalf, the President hereby makes the following rules, namely;

C H A P T E R - I

1.            Short title and commencement - (1) These rules may be called the Indian Revenue (CGST-Central Goods and Service Tax) Service Branch ‘B’ (Recruitment, Cadre, Seniority and Promotion) Rules, _______.
(2) They shall come into force on the first day of ______, ______.

2.            Definitions - In these rules, unless the context otherwise requires:
(a)     "Appointed day" means the date on which these rules come into force:
(b)   "approved service" in relation to any Grade means -
i)     in respect of an officer recruited directly to that grade, period or period of regular service rendered in that grade, including period or periods of absence during which he would have held a post on regular basis in that grade but for his being on leave or otherwise not being available to hold such post, from the first day of July of year, following the year in which the examination for direct recruitment was held;
ii)        in respect of an officer recruited to that grade through departmental examination, period or periods of regular service rendered in that grade including period or periods of absence during which he would have held a post on regular basis in that grade but for his being on leave or otherwise not being available to hold such post, from the first day of July of the year for which such examination was held;
iii)     in respect of an officer recruited to that grade on the basis of length of service in the lower grade, period or periods of regular service rendered in that year, including period or periods of absence during which he would have held a post on regular basis in that grade but for his being on leave or otherwise not being available to hold such post from the first day of July of the year for which recruitment was made:
Provided that where there is a delay of more than ninety days in joining on appointment in any of the cases mentioned in sub clauses (i), (ii) and (iii) above, such delay should not be due to any fault on part of the officers.
(c)     "cadre" means the group of posts in the Grades of the service specified in rule 3 and also includes temporary additions to the strength of the service;
(d)        "cadre officer" in relation to any Grade means a member of the service of that Grade and includes a temporary officer approved for long term appointment to that Grade;
(e)   "Commission" means the Union Public Service Commission;
(f)     "controlling authority" means the Government of India in the Ministry of Finance (Revenue-CGST);
(g) "direct recruit" means - in relation to Grade IV of the Cadre, a person recruited on the basis of a competitive examination held by the Staff Selection Commission.
ii) in relation to other Grades, a person recruited on the basis of a competitive examination, other than a departmental competitive examination, held by the Commission.
(h) "duty post" in relation to any Grade means a permanent or temporary post of that Grade in the cadre, and or those served in substantive capacity as Inspector of Central Excise or the promotion/ deputation posts thereof;
(i)      "Government" means the Government of India except as other wise specified in these rules;
(j)      "Grade" means any of the Grades specified in rule 3;
(k) "Staff Selection Commission" means the Staff Selection Commission of the Department of Personnel in the Ministry of Home Affairs.
(l) "Long term appointment" means appointment for an indefinite period as distinguished from a purely temporary or ad-hoc appointment, like appointment against a leave or other local vacancy of a specified duration;
(m) "permanent officer" in relation to any Grade means person who has been substantively appointed to a substantive vacancy in that Grade;
(n) "Probationer" means a direct recruit appointed to Grade on probation in or against a substantive vacancy;
(o) "Select List" in relation to a Grade means a Select List prepared in accordance with the regulations made under the relevant recruitment rules for that Grade;
(p) "Service" means the Indian Revenue Service, Branch ' B';
(q) "Temporary Officer" in relation to any Grade means a person holding a temporary or officiating appointment in that Grade on the basis of his being regularly approved for such appointment.

3.      Composition of the Service - There shall be the following 4 Grades in the Indian Revenue Service, Branch 'B', and they shall be classified as follows:
(1)
Grade
Designation
Classification
Character
Grade I
Joint Commissioner of CGST or at Central Excise and/ or Customs
Group A (Gazetted)
Non-Ministerial
Integrated Grade II & III
Deputy Commissioner and Assistant Commissioner of CGST or at Central Excise and/ or Customs
Group A (Gazetted)
Non-Ministerial
Grade IV
Superintendent of CGST or at Central Excise and/ or Customs
Group B (Gazetted)
Non-Ministerial
Grade V
Inspectors of CGST or at Central Excise and/ or Customs
Group B (Non-Gazetted)
Non-Ministerial

(2)                 Notwithstanding anything contained in sub-rule (1) persons who were elevated from Grade V and were working in the ‘Temporary Assistant Commissioner’ posts (or in permanent or ad-hoc posts) shall continue to retain their existing Group-A status in the Grade I and/ or Integrated Grade II & III of this service as the case may be.

4.      Authorized permanent strength and temporary strength of the service - (1) The authorized permanent strength of the various Grades of the Service on the appointed day shall be as specified in the Schedule.* (*Not included).
(3)    After the appointed day, the authorized permanent strength of the various Grades shall be such as may, from time to time, be determined by the Government.
(4)     The controlling authority may make temporary additions to the cadre as it may deem necessary from time to time.

5.            Departmental Promotion Committees and Establishment Boards. The composition and functions of the Departmental Promotion Committees and Establishment Boards for purposes of confirmation, promotion, etc., shall be such as is set out in regulations made by the Controlling Authority, in consultation with the Commission, wherever necessary.


CHAPTER - II

6.      Power to post against equivalent post - (1) The controlling authority, if it is satisfied that it is in the public interest to do so may post an employee belonging to any grade of the Cadre against an equivalent post under the Ministry of Finance;
(2) An employee posted under sub-rule (1) shall continue to draw the pay admissible to him from time to time in his own Grade.

7.      Deputation of members of the Service - The Government may, at any time, depute a member of the Service to post, equivalent to or higher than that held by him in the Service, in any other Central Service or in an International Organisation or under a foreign employer. A member of the Service so deputed shall be shown against a post in the deputation reserve.
Provided that the period of deputation shall not exceed three years in the first instance although the Government may extend the same by further periods not exceeding three years at a time.

8.           Posting of Cadre Officers - Every officer shall, unless he is on leave or otherwise not available for holding a duty post, be posted against a duty post of the appropriate Grade in the cadre.

9.            Duty posts to be held by Cadre Officers - Every duty post in a Cadre shall, unless utilised otherwise in accordance with rule 6, be held by a Cadre Officer of the appropriate Grade.

10.        Substantive appointments in the Service - All substantive appointments in the Service shall be made to the appropriate Grade of the Service and not against any specific duty post in that Grade.

11.     Recruitment to Grade I of Cadre: The vacancies in Grade I shall be filled by the substantive appointment of persons completing 9 years regular service in the Integrated Grades II and III of the Cadre.

12.    Recruitment to Grade II of Cadre: The vacancies in Grade II shall be filled by the substantive appointment of persons completing 4 years regular service in the Integrated Grades II and III of the Cadre.

13.     Recruitment to Grade III of Cadre: (1) Subject to the provisions of sub-rule (2), vacancies in Grade III of the Cadre shall be filled by promotion of the regular officers of the Grade IV of the Cadre.
(2)     No person shall be eligible for promotion to Grade III of the Cadre unless he has rendered at least three (3) years' of approved service in his respective Grade:
Provided that if any officer of the Grade IV of the Cadre is considered for promotion under this rule, all officers senior to him in the cadre shall also be considered for promotion.
(3)    Notwithstanding anything contained in sub-rules (1) and (2), any vacancy in Integrated Grade II & III of the Cadre may, in exceptional cases and in public interest, be filled by the Controlling Authority, in consultation with the Commission, by transfer of an officer holding a permanent Group 'A' ex-cadre post in the Ministry of Finance (Revenue-C&CE).
(4)        Seniority of an officer referred to in sub-rule (3) in the Integrated Grade II & III of the Cadre shall be such as may be determined by the Controlling Authority in consultation with the Commission.

14.    Recruitment to posts in Grade IV of the Cadre:
(1) Subject to the provisions of sub-rule (2), vacancies in Grade IV of the Cadre shall be filled by promotion of the regular officers of the Grade V of the Cadre.
(2) No person shall be eligible for promotion to Grade IV of the Cadre unless he has rendered at least three (3) years’ of approved service in his respective Grade:
Provided that if any officer of the Grade V of the Cadre is considered for promotion under this rule, all officers senior to him in the cadre shall also be considered for promotion.

15.     Recruitment to Grade V of the Cadre: (1) Vacancies in Grade V shall be filled in the following manner, namely:-
(i) Thirty-three and one-third percent of vacancies may be filled by appointment of Group B (Ministerial) employees working in the Ministry of Finance (Revenue-CGST), on the basis of qualifying departmental examinations.
Provided that if sufficient number of persons do not become available, the vacancies shall be filled in the manner prescribed in clause (ii):
Provided further that if more such employees than the number of vacancies available under this clause qualify at the said examination, such excess employees shall be considered for filling the vacancies arising in the subsequent years so that the employees qualifying at an earlier examination are considered before those who qualify at a later examination.
(ii) Sixty six and two-third per cent of the vacancies or such higher percentage as may be determined by the Controlling authority in accordance with the provision to clause (i), shall be filled by the direct recruitment on the basis of competitive examination held for the purpose by the Staff Selection Commission.
Provided that to the extent to which a sufficient number of qualified candidates of the competitive examination, referred to in clauses (i) and (ii) are not available for appointment on the result of such examination, the vacancies may be filled, provisionally or on a regular basis in such manner as may be determined by the Controlling Authority.
(2)      The Controlling Authority shall specify the number of vacancies in Grade V to be filled on the results of the Competitive Examination referred to in Sub-rule (1).

16.       Qualifications, age, etc. for persons appearing in open as well as departmental competitive examination.
The competitive examination referred to in sub-rules 1(i) and 1(ii) of Rule 15 shall be held and conducted in accordance with the regulations made from time to time by Government, in consultation with the Staff Selection Commission, wherever such consultation is necessary.

C H A P T E R - III

17.       General Provisions: (1) Persons appointed to the service at the initial constitution shall have the seniority in each grade determined on the basis of their year of actual selection in (Inspector of Central Excise equivalent to) Grade V.
(2)     Where a senior person in terms of (1) above, is found to be (i) junior within a grade or (ii) in grade, at the time of initial constitution of the service, such senior person would be eligible for upgradation of seniority in situation (i), and/ or ad-hoc promotion to a higher grade subject to grant of seniority on completion of his required regular service in situation (ii).
(3)     In all other situations, persons in higher grades appointed to any Grade of the Service at the initial constitution shall be senior to persons appointed to that Grade at the maintenance stage.

18.       Seniority inter-se of direct recruits:- Save and except as provided in Rule 17;
(1) The seniority inter se of persons appointed on the result of a competitive examination held by the Staff Selection Commission, shall be in accordance with the respective ranks obtained by them in such examinations.
Provided that persons appointed as a result of an earlier examination will be senior to those appointed as a result of a subsequent
Provided further that persons appointed to Grade IV of the Cadre on the basis of the Departmental Examination in terms of clause (i) of sub-rule (I) of Rule 14, shall en bloc be ranked junior to the recruits of the open competitive examination held in that year by the Staff Selection Commission.
(2) Notwithstanding the provisions of sub-rule (1), the seniority of persons recruited initially on a temporary basis and confirmed subsequently in an order different from the order of merit indicated at the time of appointment, shall follow the order of their confirmation and not the original order of merit.

(1) The seniority inter se of persons appointed on the results of the departmental examination conducted by the Controlling authority shall be in accordance with the respective ranks obtained by them in such examination. Provided that persons appointed as a result of an earlier examination shall be senior to those appointed as a result of subsequent examination.
(2) Notwithstanding the provisions of sub-rule (1) the seniority of persons promoted initially on a temporary basis and confirmed subsequently in an order different from the order of merit indicated at the time of promotion, shall follow the order of confirmation and not the original order of merit.

20.       Seniority inter se of officers promoted to a Grade on the recommendations of a Departmental Promotion Committee:- Save and except as provided in Rule 17;
The seniority inter se of persons promoted on the basis of a panel drawn up by a duly constituted Departmental Promotion Committee shall be in the order laid down in that panel;
Provided that where persons promoted initially on a temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their promotion, seniority shall follow the order of confirmation and not the original order of merit.


C H A P T E R - I V

21.       Probation and Training of direct recruits and promotees: (1) Every person on appointment to the Service irrespective of the mode of recruitment shall be on probation for a period of two years:
Provided that no persons promoted from one grade to another within the service shall be required to undergo probation except in a case where such promotion also involves elevation from a lower group of posts to a higher group.
(2)         The Controlling Authority may extend the period of probation in accordance with the instructions issued by Government from time to time:
Provided that any decision for an extension of a period of probation shall be taken ordinarily within eight weeks after the expiry of the previous period of probation and communicated in writing to the person concerned within the said period together with the reasons for so doing.
(3)      On completion of the period of probation or any extension thereof, a probationer shall, if considered fit for permanent appointment, be retained in his appointment on regular basis and be confirmed in due course against the available substantive vacancies.
(4)      If, during the period of probation, or any extension thereof, the Controlling Authority is of the opinion that a probationer is not fit for permanent appointment, the Controlling Authority may discharge, or as the case may be, revert him to the post held by him prior to his appointment to the post in which he is on probation.
(5)     During the period of probation, or any extension thereof, a probationer may be required by the Controlling Authority to undergo such course of training and instructions and to pass such examination and tests (including examination in Hindi) as the Controlling Authority may deem fit.
Note: As regards other matters relating to probation, the member of the service shall be governed by the instructions issued by the Government in this regard from time to time.

22.    (1) A candidate for appointment to the service must be a citizen of India or must belong to such categories of persons as may, from time to time, be notified in this behalf by the Central Government.
(2) No person - (a) who has entered into or contracted a marriage with a person having his spouse living; or
(b) who, having a spouse living, has entered into or contracted a marriage with any person shall be eligible for appointment to the Service.
Provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this sub-rule.

23.       Other conditions of service:
(1) The condition of service of the members of the Service in respect of matters for which no provision exists in these rules or for which no specific rules have been made separately, shall be the same as are applicable from time to time of officers of the Central Civil Services Classes I and II.
 (2) Appointments to the Service shall be subject to orders regarding special representation in the services for Scheduled Castes and Scheduled Tribes and other special categories of persons, issued by the Government from time to time.

24.       Removal of difficulties and power of the Controlling Authority to act in special contingencies: The Controlling Authority may, from time to time, issue such general or special directions as may be necessary to remove difficulties in the operation of any of the provisions of these rules.

25.       Power to relax. Where the controlling authority is of opinion that it is necessary or expedient so to do, it may be ordered for reasons to be recorded in writing to relax any of the provisions of these rules with respect to any class or category of persons or posts.
Provided that in relation to posts falling within the purview of the Commission, no order in respect of a class or category of persons or posts shall be made except after consultation with the Commission.

26.       Interpretation: If any question arises as to the interpretation of these rules, it shall be decided by the Central Government.